Archive for the ‘Divorce or Dissolution’ category

Curbside Pick-up: Not a Good Idea for Divorce

April 23rd, 2014

divorce spouse

DIVORCE: Kicking your spouse to the curb – make sure you don’t put their stuff there.

Often in movies or commercials when couples split-up, the wife starts throwing all the husband’s stuff into the yard, or puts it in the trash.  While this is a funny scene in a commercial or movie, in reality it is not a good idea.  Of course you may feel anger at your soon to be ex for many reasons, but if you are contemplating divorce, throwing your spouse’s stuff out will only get you in trouble in court.

Once a complaint for divorce is filed, temporary restraining orders (TRO) go into place, securing marital property.   A TRO keeps both parties from emptying bank accounts, selling property, or disposing of marital property in any way.  If a party does so, they can be held in contempt and could face time in jail, as well as having to reimburse the other party for the property.

So, I know you are mad.  I know that good for nothing so and so might deserve it, but just don’t do it.  Never put your ex’s belongings in trash bags and leave them outside for them to pick up.  Yes, you may have forgotten it was trash pick up day, but the judge will not find it as amusing as you do.

If you are interested in filing for divorce or dissolution, contact Jamie L. Anderson, the Ohio Divorce Attorney today at (937)879-9542 to schedule a free in-office or telephone consultation.

Fight Your Dayton Divorce – Is That A Good Idea?

April 14th, 2014

dayton divorce attorneyDo you really want to fight your Dayton divorce case?  As an experienced family lawyer, I have never heard anyone say “I’m going to cooperate my divorce case.”  The truth of the matter is that the divorce process can be much more productive if you spend more time finding things you can agree upon, than things you are going to fight about.

The way we will handle your Dayton divorce case involves a three-step approach: Advising, Negotiating and Litigating. Advising is more than helping you fill out forms and charging a retainer fee; it is a meaningful two-way communication that shapes what the attorney client relationship will become. Failing this dialogue, its absence will become achingly apparent when the attorney goes behind closed doors to discuss your case. Negotiation is also a two-way street involving a realistic acceptance of your position, articulation of the goals of your case and the realities of the adversarial process. If you have communicated successfully with your attorney, you can expect to prepare a legal strategy that will focus on your desired outcome. Those parameters will be the basis of all discussions with the other side. Litigation results when you cannot reach a desired result through negotiation. Your attorney must prepare for litigation from the first consultation in order to maximize the chances of reaching your desired result. The work of an attorney in the court room is the pinnacle of years of training and experience. If your attorney is unable or unwilling to litigate, your ability to negotiate a favorable settlement will be compromised.

Going through a divorce and/or custody battle is a traumatic a heart-wrenching process. You must choose an attorney with whom you are completely comfortable. Often, you will have to choose the better of two bad options and the only input you will have will be the experience and judgment of your counsel. Somewhere out there, you can find the attorney that is right for you. Finding the right family law attorney starts with a free face-to-face consultation. To schedule an appointment, please call me at (937) 879-9542.

Dayton Divorce Attorney Jamie L. Anderson dedicates her practice to representing families navigate the changes caused by a divorce or dissolution. She has made herself one of the Miami Valley’s most prominent family law attorneys and will use her experience to secure your family, your finances and your future. Jamie (OhioDivorceAttorney.com) represents clients throughout Montgomery, Greene, Clark, Miami and Warren Counties. Contact Jamie L. Anderson at (937) 879-9542 to schedule a free consultation.

To learn more about Dayton Divorce Attorney Jamie Anderson, visit www.OhioDivorceAttorney.com

Summer Vacation and Divorce: Get away from it all with good communication!

April 4th, 2014

Summer Vacation

When going through divorce, a summer vacation with your kids can be a needed retreat: just cover your bases with good communication.

This is the time of year when hopefully the sun is around more, the flowers begin to appear, and kids start to look forward to the coming end of the school year.  Summer vacation can be a great time to spend with your children, making memories and catching up on the things that can get lost in the busy everyday lives of most families, and help reassure children of parents love and commitment to them during a divorce.  If you are dealing with a divorce, dissolution, or custody issue, summer vacation can also become a very stressful and combative time.

Family law issues can bring challenges in scheduling and communication between parents in planning for the summer break and vacations.  Most separation agreements set out which parent has time with the children during the summer, which simplifies this time of year for those families.  If you have not yet concluded your divorce, it can be more complicated.  Proper communication with the other parent is essential.  If you are planning a trip out of the state, it is imperative the other parent be notified immediately.  When a parent leaves a state with a child, without notifying the other, there may be a misunderstanding where the other believes the child has been kidnapped.  A scenario ending with a nationwide search, and your arrest by U.S. Marshalls or other federal agency – probably not the ideal conclusion to a vacation with your kids.

Newly separated couples have great difficulty in communicating effectively, but it is a skill which you must nurture and develop.  When you have a child with someone, you are then connected to (or stuck with) that person until the child reaches the age of 18.  So start now, learn how to discuss family vacations and scheduling.  Communication with your ex is essential to successful co-parenting.

When kids are involved, summer vacation requires additional planning and details, which if you are dealing with a difficult ex can required professional assistance.  If you are in need of a family lawyer, contact Ohio Divorce Attorney, Jamie L. Anderson, today to schedule a free in-office or telephone consultation at (937)879-9542.

St. Patrick’s Day and Divorce

March 15th, 2014

Don’t Rely on the Luck of the Irish to Protect Your Case on St. Patrick’s Dayst patrick s day

St. Patrick’s Day is a great holiday to celebrate with friends and family, and the only time of year to drink as much green beer as anyone could want.  When you are recently separated, divorced, or involved in another legal issue such as child custody or support, St. Patrick’s Day also brings the opportunity to harm your legal interests.  Too much green beer can lead to poor decision making, which can lead to a bad outcome in your case.

If you are fighting for more visitation time with your children, or child support, be prepared to explain yourself in court.  If St. Patrick’s Day falls on your day of parenting time, be prepared to explain to the court why going out to drink with your friends is more important than spending that time with your children.  Whatever your reason, the court will not agree with you.    If you are asking for a reduction in your child support because of an undue hardship, be prepared to explain to the court why you do not have enough money to maintain your child support, but you have money to go out drinking.

If you are fighting for custody, be prepared to explain any photos taken of you and posted on social media.  Remember “a picture is worth a thousand words”; no matter how innocent or normal you may believe your behavior is, such as chugging beers, that picture in court will make you look careless or like a drunk.

If you do go out for the St. Patrick’s Day fun, do not break the law. If you get in a fight, or arrested for possession of an illegal substance, it may all be brought against you in your legal case. In a custody or visitation case, the court always looks at the best interest of the child.  The court views the best interest of the child as a safe, loving, and stable environment.  Think about how your actions will affect your children and the outcome of your case.

If you are arrested for driving under the influence, the court may restrict your ability to transport your children.  A DUI charge may also affect your ability to drive to and from work, affecting your ability to pay child support and legal fees.  If you arrested for DUI, contact an experienced DUI attorney, Charlie Rowland.  Check out his website throughout the weekend for DUI checkpoints at daytondui.com.

Don’t rely on the luck of the Irish during St. Patty’s Day during a family law case, but use common sense, and always think of how your actions could affect your case before dancing that jig.

To discuss your divorce, dissolution, child custody, support, or visitation issue, contact Attorney Jamie Anderson, at (937)879-9542, for a free in-office or telephone consultation.

 

Social Media: 3 Pictures to Never Post on Facebook – Sex

December 5th, 2013

social mediaA Goldmine to Your Ex’s Attorney: Sexual Pictures on Social Media

In the previous i discussed post pictures of children and the effects posting certain types of pictures and videos on social media could have on a family law case.  In this article the focus is on “sexy selfies” or photos of yourself which may be viewed unfavorably by the court.

Again the three questions to ask yourself in deciding whether to post a picture of your child also apply in determining whether you should post a picture of yourself.

1. Would you want to hide it from the judge?
2. Would you have to explain anything to the judge so it doesn’t make you look bad?
3. If your ex posted it, would you be able to make him/her look bad with it?

Another way to think about it is this:  If you would not want any of the following to see it, DO NOT POST IT!

  • parents
  • grandparents
  • priest or pastor
  • child’s teacher
  • employer

Below is a sample list of photos you should never post of yourself, and should remove if already posted, especially if you are involved in some type of family law dispute.

1.  Sexually Suggestive Poses

During a family law dispute, people who were once very close and comfortable enough to share everything in an instant can become each other’s worst enemy.  Pictures your former spouse or partner may have requested you take, can be turned around on you.  For example, your ex may have encouraged you to post pictures of yourself in sexually suggestive poses, “so everyone can see how sexy you are.”  However, once the couple becomes involved in a custody dispute, the pictures once requested, will become the picture he can’t believe you took and posted on Facebook.  If you have posted pictures like this while in a relationship with someone you are now going through a legal dispute with, or are likely to go through a dispute with, remove the pictures.

2. Naked Pictures – Even if Nothing is Showing

In our society there are various degrees of acceptability when it comes to the human body.  Society’s view of the naked form not only varies from country to country, but from region to region.  Some people may view a photograph of a naked woman or man as art, but another will only view it as pornographic.  As people’s perceptions vary, so do judge’s.  For example, a wife is pregnant and has artistic photos taken of herself where her private areas are concealed, and then posts them on social media to share with family and friends.  Although the wife sees the photos as a beautiful artistic expression of the female form, a judge may not share her same enthusiasm.  Respect your own privacy and keep these types of photos off of Facebook, Instagram, Twitter, and MySpace.

3. Body Piercings

Pictures of piercings of anything other than on your face should not be on social media.  Pictures of breast, vaginal, or of male piercings should not be shared.  On your phone, the picture may seem flattering and cool, but when the picture is blown up on the projector in the middle of the courtroom in front of your ex, the judge, the court reporter, and bailiff, it will not seem so flattering and cool.  In a family law proceeding your perception of you is not as important as the judge’s perception of you.  Leave the self-expression for those who know you best, and those who meet you in person, keep it off of social media.

4. Tattoos in Areas Normally Covered by Clothing

Pictures of tattoos are generally okay as long as they are not vulgar in nature, and in a place normally visual in public.  For example, a tattoo on your arm or lower leg, of a flower or cross, is fine.  However, a tattoo on your upper thigh, breasts, stomach, side, or lower back are most likely not okay.  Remember, regardless of your personal opinion on tattoos, or even society’s general acceptance of tattoos, it is the judge’s opinion and perception that is the most important.  I am not suggesting you should not have these tattoos, just do not post pictures of them on social media when you are involved in a family law dispute.

5. Pictures or Videos of Dancing – Especially Pole Dancing

Pictures or videos of you and your friends living it up at the club, or dancing in any sexually suggestive manner should not be shared on social media.  Although the dancing may be innocent, or just of you having a good time, an attorney can paint the pictures or video in an unfavorable light, suggesting you are uncontrollable, reckless, or have a drinking problem.  Even certain types of fitness dance, especially pole dancing, can be construed in an unfavorable light.  The majority of people are only familiar with pole dancing as “what strippers do,” even though it has become popular in mainstream society as a new fitness workout.  The shared post of your new routine you have been working on with your instructor may be a moment you are very proud of, but in the eyes of judges it may only be seen as inappropriate.

 

If you are facing a family law issue, please call me, Attorney Jamie Anderson, to set-up your free in-office or telephone consultation at (937)879-9542.  I am also on social media, check out my Facebook page, Ohio Divorce Attorney for daily posts.